Tag: code

December 31, 2012 Deadline Looms Under Tax Code for Fixing Severance Agreements with Releases

  Employers have until the end of the year to take advantage of relief from penalties under section 409A of the Internal Revenue Code for agreements that require employees to sign releases before severance benefits are paid. Section 409A was enacted in 2004 to regulate deferred compensation.  Internal Revenue Service ("IRS") regulations made clear that it … Continue Reading

California Overtime Rules Apply To Work Performed In California By Out-Of-State Employees

The California Supreme Court has ruled that California’s daily overtime requirements apply to work performed in California by non-residents.  In Sullivan v. Oracle Corp., three employees of Oracle who were not residents of California worked as “instructors” and trained Oracle’s customers in the use of the company’s products.  Required by Oracle to travel, the plaintiffs … Continue Reading

Starbucks Wins Round in Class Action over Applications’ Marijuana Questions

Earlier this month, Starbucks scored an important procedural victory from the California Court of Appeals, which ruled that a class of employees lacked standing to sue over questions the coffee chain asked on its employment applications about prior marijuana convictions.  Click here to read the opinion in Starbucks v. Superior Court.  Despite the apparent victory, … Continue Reading
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